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The Existence of Religious Norm in the Formulation of Local Regulations in Indonesia Dr. H. Sirajuddin M

Abstract The problem of this academic research was why religious norm must be the source material of local regulations. Meanwhile it is known that Indonesia is a national country which based on Pancasila and the Constitution 1945. To answer this problem, this study tried to assess the significance, position and function of religious norms for the regulation of religion. The results showed that the religious norm has significance in the formation of local regulations because this process is part of the democratization process in exploring the basic spirit of national state in the country, so eventhough the State of Indonesia is not a religious state, but the Pancasila state has accommodating attitude toward the existence of norms religion as one of the sources of positive law as stated in the first principle of Pancasila and the Constitution 1945 Article 29. In Hans Helsen’s theory, religious norms as a source of substantive law in local legislation is constitutional, while seen from the function, regulation of religion would have the effective power and resources to conduct because the followers of these religions have their own awareness of the legal obligations of the state and their religious duties